OAR 845-005-0445
Temporary Authority
(1)
ORS 471.302 (Temporary letter of authority for off-premises sales license applicant) and 471.297 (Temporary letter of authority on change of ownership) allow the Commission to give certain applicants the authority to sell and serve alcoholic beverages while the Commission determines the applicant’s eligibility. Temporary authorities to operate are not to exceed 90 days, unless an extension of up to an additional 30 days is granted under section (2) of this rule. The Commission may refuse to grant this temporary authority to operate when the Commission has reasonable basis to believe that the applicant may not be eligible for a license under ORS Chapter 471 (Alcoholic Liquors Generally) and the Commission’s Administrative Rules, OAR chapter 845.(2)
ORS 471.297 (Temporary letter of authority on change of ownership) and 471.302 (Temporary letter of authority for off-premises sales license applicant) allow the agency Administrator to extend a temporary authority to operate for a period not to exceed 30 days if the Commission has not granted or denied the application at the end of the 90-day period. An extension of not more than 30 days may be granted by the agency Administrator under the following circumstances:(a)
The agency has not received a written recommendation from the local governing body as required by ORS 471.166 (Local government recommendations on license issuance and renewal) and OAR 845-005-0304 (Local Government Recommendations: Requirements for Local Governments and License Applicants); or(b)
An extension of time is necessary for the agency to complete its investigation or processing of the application. An extension of the temporary authority will not be granted if the sole basis is the applicant’s failure to provide timely documentation which was requested pursuant to OAR 845-005-0315 (Applications: Refusal to Process).
Source:
Rule 845-005-0445 — Temporary Authority, https://secure.sos.state.or.us/oard/view.action?ruleNumber=845-005-0445.